Ex-Spouse Benefits and You
Reading Time: 2 MinutesLast Updated: March 28, 2022
No doubt about it — thinking of an ex-spouse can be emotional. And, if your finances have changed for the worse since the breakup, even more emotions can surface.
We have news that may relieve some of your stress.
If you are age 62, unmarried, and divorced from someone entitled to Social Security retirement or disability benefits, you may be eligible to receive benefits based on their record.
There are other rules, of course. You must have been married to your ex-spouse for 10 years or more. If you’ve remarried, you can’t collect benefits on your former spouse’s record unless your later marriage ended by annulment, divorce, or death. Also, if you’re entitled to benefits on your own record, your benefit amount must be less than you would receive based on your ex-spouse’s work. In other words, we’ll pay the higher of the two benefits for which you’re eligible, but not both.
You can apply for benefits on your former spouse’s record even if they have not retired, as long as you have been divorced at least two years before applying.
After you reach full retirement age, you can elect to receive only the divorced spouse benefits and delay benefits on your own record, which may mean a higher monthly amount for you.
If you were born before January 2, 1954 and reach full retirement age, you can elect to receive only the divorced spouse benefits and delay benefits on your own record. This may mean a higher monthly amount for you.
The same rules apply for a deceased former spouse. The amount of benefits you get has no effect on the benefits your ex-spouse or their current spouse receives. If your ex-spouse died after you divorced, you can still qualify for widow’s benefits.
Our Benefits Planner gives you an idea of your monthly benefit amount. If your ex-spouse died after you divorced, you can still qualify for widow’s benefits. Visit Retirement Planner: If You Are Divorced to find all the eligibility requirements you must meet to apply as a divorced spouse.
We hope this news adds some joy to the range of emotions you feel when thinking of your “Ex”!
Did you find this Information helpful?
Tags: Disability, full retirement age, General Information, retirement, social security disability benefits, survivors benefits
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Doug Walker, Deputy Commissioner, Communications
Deputy Commissioner, Office of Communications
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Josie
I am disabled & collecting disability I will be 62 in one month. I was married for 11 years. My ex-spouse is 64 & hasn’t started collecting social security. I want to apply for “Divorced Spousal Benefits”. I want to know if my spousal benefits will be more if I wait to apply for them at age 66 compared to now?
R.F.
Hi Josie, consider that your disability payments are established at the highest rate possible, and if you are eligible for benefits on your own record and divorced spouse’s benefits, we pay your benefit first. If the benefit on your ex-spouse’s record is higher, you will get an additional amount on your ex-spouse’s record so that the combination of benefits equals that higher amount. To see if you qualify for a higher benefit than what you’re getting now, you will need to speak with one of our representatives. You can call our toll free number at 1-800-772-1213, our agents are available Monday through Friday, between 7 a.m. and 7 p.m. Generally, you will have a shorter wait time if you call later in the week. Thanks.
Anna F.
I’m a bit confused about collecting s.s. I was born 8/18/56 I am divorced for 11 years but I was married 27yrs before getting divorced I have never remarried. My ex DOB is 1/21/54. It states on an article I read that I can start collecting on my 62nd Birthday. Can I collect from my ex if his is higher than mine? Or do I have to wait until I am 66?
R.F.
Thank you for your question, Anna. The earliest age to apply and receive Social Security Retirement Benefits is 62, but if you decide to get benefits before your full retirement age, your benefits will be reduced. The reduction factors are permanently applied to all of the benefits the person may qualify for. If you are eligible for retirement benefits on your own record and divorced spouse’s benefits, we will pay the retirement benefit first. If the benefit on your ex-spouse’s record is higher, you will get an additional amount on your ex-spouse’s record so that the combination of benefits equals that higher amount. See “If You’re Divorced” for more information.
If you have specific questions, please call our toll free number at 1-800-772-1213, Monday through Friday, between 7 a.m. and 7 p.m. and speak with one of our representatives. Generally, you will have a shorter wait time if you call later in the week. We hope this information helps.
Rosemary c.
I’m 68 and getting my ex husband ssi, would it be better money to received mine, or wait I till I’m 70
R.F.
It’s a great question, Rosemary! The decision on when to file for benefits on your own record, is a personal one. However, there are some factors that should be consider. For example, you are currently earning Delayed Retirement Credits on your record, and can continue to earn them if you delay getting your benefit up until age 70. You can use our online calculators to estimate the amount of your own benefit. You may also contact us and request a review of your records. Call our toll-free number at 1-800-772-1213 and speak to one of our agents. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. We hope this helps!
Cynthia M.
My name is Cynthia M Glazebrook and I am looking for a copy of my2017 social security benefits report which it got misplaced it showed me howmuch I have been getting take home pay. I need a copy of it sent to me so I can make a copy of it to send in to the heap PIP people as proof of my income for 2017 what my benefits are for 2017 so I can get help with my electric bill they need this information.
Linda H.
I just trying to check status of my son’s case to receive money from his father
R.F.
Hi Linda. For security reasons we do not have access to personal records in this blog. If you’re referring to the status of a Social Security claim, you can call our toll free number at 1-800-772-1213 for assistance. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Thanks!
Carol H.
I am collecting SS on my ex-husbands benefits, but I am presently working and still paying into SS. I am 72 years old. Is there any way I can get credit or increases in my monthly benefit, based on my own contributions?? If not, is it mandatory that I still pay into Social Security and have that amount taken out of my paycheck??
R.F.
Hi Carol, everyone working in covered employment or self-employment regardless of age or eligibility for benefits must pay Social Security taxes. You may contact us and request a review of your records. You can also call our toll-free number at 1-800-772-1213. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Hope this helps!
iim
If your ex-spouse was receiving benefits based on your work and she dies does this affect your own benefits.
R.F.
No, in this situation, your own benefits should not be affected. However, some individuals receive a combination of benefits, based on their own record and the record of their spouse. Also, you cannot report a death or apply for survivors’ benefits online. We recommend that you contact us for further assistance. You can call our toll free number at 1-800-772-1213. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Thanks.
merivic g.
can i cal or get informations l if ex spouse is receiving disability benefit
R.F.
Hi, if your marriage lasted 10 years or longer, you may be eligible to receive benefits on your ex-spouse’s record at age 62 or older. See our Retirement Planner: If You’re Divorced for other eligibility requirements and more detailed information. Thanks!
merivic g.
can ex spouse call for information i
f ex spouse is receiving disability benefit?
Connie D.
What paper work is required from me to file for these benefits?
R.F.
Hi Connie. If your marriage lasted 10 years or longer, you may be eligible to receive benefits on your ex-spouse’s record at age 62 or older. See our Retirement Planner: If You’re Divorced for other eligibility requirements. Then, go to “Information You Need to Apply for Spouse’s or Divorced Spouse’s Benefits“. We hope this information helps!